You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Reply #138: Regents of the University of California vs. Bakke (1978) [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
Home » Discuss » DU Groups » Race & Ethnicity » African-American Issues Group Donate to DU
Brewman_Jax Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-08-08 11:05 AM
Response to Reply #137
138. Regents of the University of California vs. Bakke (1978)
Arguably the most famous legal challenge to Affirmative Action. This was the case that brought the term "reverse discrimation" into the national lexicon.

The facts--Allan Bakke, a thirty-five-year-old white man, had twice applied for admission to the University of California Medical School at Davis. He was rejected both times. The school reserved sixteen places in each entering class of one hundred for "qualified" minorities, as part of the university's affirmative action program, in an effort to redress longstanding, unfair minority exclusions from the medical profession. Bakke's qualifications (college GPA and test scores) exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected. Bakke contended, first in the California courts, then in the Supreme Court, that he was excluded from admission solely on the basis of race.

The conclusion--Four of the justices contended that any racial quota system supported by government violated the Civil Rights Act of 1964. Justice Lewis F. Powell, Jr., agreed, casting the deciding vote ordering the medical school to admit Bakke. However, in his opinion, Powell argued that the rigid use of racial quotas as employed at the school violated the equal protection clause of the Fourteenth Amendment. The remaining four justices held that the use of race as a criterion in admissions decisions in higher education was constitutionally permissible. Powell joined that opinion as well, contending that the use of race was permissible as one of several admission criteria. So, the Court managed to minimize white opposition to the goal of equality (by finding for Bakke) while extending gains for racial minorities through affirmative action.

In short, racial numerical quotas were deemed unconstitutional, but race could still be used as a factor for admissions.



Writer's note: This case coined the term "reverse discrimination", as if to say that discrimination against the dominant demographic group is somehow wrong and must NOT be allowed, as opposed to discrimination against traditionally marginalized people, which can inferred as being the norm. This is an example of the "entitlement mentality" fostered by the racial caste system.


http://www.oyez.org/cases/1970-1979/1977/1977_76_811 /
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw...
Printer Friendly | Permalink | Reply | Top
 

Home » Discuss » DU Groups » Race & Ethnicity » African-American Issues Group Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC